Work Permits and Residence Rights of Foreign Athletes in Türkiye

1. Introduction

Turkey has become a significant global attraction in both professional and amateur sports in recent years. The number of foreign athletes playing for Turkish clubs is rapidly increasing, particularly in popular sports like football, basketball, and volleyball. This situation has made the issue of work permits and residence rights for foreign athletes in Türkiye a crucial legal matter.

Foreign athletes must comply with the legal regulations regarding work and residence permits in order to compete in Türkiye. This article will examine in detail the work and residence rights of foreign athletes in Türkiye within the framework of the International Workforce Law No. 6735, the Foreigners and International Protection Law No. 6458, relevant regulations, and federation directives. It will also address problems encountered in practice and offer solutions.

2. Legal Grounds

2.1. International Labor Law (Law No. 6735)

Foreign athletes are required to obtain a work permit from the Ministry of Labor and Social Security in order to compete professionally in Türkiye. Article 6 of the law regulates the procedures for obtaining work permits for foreigners wishing to work in Türkiye. Athletes are considered among the "foreigners with special qualifications" under this law.

2.2. Law on Foreigners and International Protection (Law No. 6458)

A work permit also serves as a substitute for a residence permit. According to Article 27 of Law No. 6458, foreign athletes holding a work permit are not required to obtain a separate residence permit. However, separate residence permits must be obtained for family members.

2.3. Sports Federation Regulations

Federations such as the Turkish Football Federation (TFF) and the Turkish Basketball Federation have introduced quota and licensing regulations for the transfer of foreign athletes. These regulations make it mandatory for sports clubs to obtain work permits when transferring foreign athletes.

3. Work Permit Process for Foreign Athletes

3.1. Eligibility to Apply

In most cases, the work permit application is submitted by the club on behalf of the athlete. The club submits the contract signed with the athlete, federation approvals, and other documents to the Ministry of Labor and Social Security.

3.2. Required Documents

A professional athlete contract is signed between the club and the athlete
Federation license and approval documents,
The athlete's passport and biometric photograph,
Health insurance policy,
Work permit application form issued by the club.

3.3. Duration of Work Permit

Work permits are generally issued for the duration of the contract. For example, if a football player has a 2-year contract with their club, their work permit will also be valid for 2 years. If the contract is extended, the work permit must also be renewed.

3.4. Fees and Charges

Foreign athletes pay a specific fee for work permits. This fee may be higher compared to general foreign workers. Furthermore, clubs assume the financial responsibility associated with these permits.

4. Residence Rights

4.1. Work Permit Substituting for Residence Permit

A work permit is a document that serves as a substitute for a residence permit, as per Law No. 6458. Therefore, an athlete with a work permit does not need to obtain a separate residence permit.

4.2. Family Residence Permit

If the spouse and children of a foreign athlete wish to reside in Türkiye, they must apply for a family residence permit. These applications are processed through the Provincial Directorates of Migration Management.

4.3. Long-Term Residence

Foreigners who have resided in Türkiye continuously for 8 years can apply for a long-term residence permit. However, this right is rarely used by athletes, as their careers are generally limited to short-term contracts.

5. Taxation and Social Security

Income earned by foreign athletes in Türkiye is subject to Turkish tax laws. Sports clubs deduct income tax from athletes' salaries. Social security contributions are also paid for athletes who have work permits. In some cases, double taxation avoidance agreements that Türkiye has with other countries may come into play.

6. Exceptions and Exemptions

Amateur Athletes: Foreign athletes competing as amateurs generally do not need to obtain a work permit. However, federation regulations may specify this.
National Team Transfers: Foreign athletes coming to Türkiye to participate in international sporting events are entitled to short-term, exceptional work permits.
Temporary Assignment: Athletes coming for international tournaments or competitions may benefit from temporary visa exemptions.

7. Problems Encountered in Practice

7.1. Bureaucratic Obstacles

Work permit processes create a lot of paperwork, especially for clubs. This puts time pressure during transfer periods.

7.2. Federation Quotas

In some sports, due to the quotas for foreign athletes set by the federations, an athlete's license may not be issued even if they have obtained a work permit.

7.3. Contract Disputes

Contract terminations between athletes and clubs also lead to the expiration of work permits. This directly affects the athlete's residency rights.

8. Decisions of the Court of Cassation and Arbitration Boards

The Supreme Court ruling stated that foreign athletes are also considered employees under Turkish labor law and that the provisions of the Labor Law will apply in cases of contract termination.
The decisions of the TFF Arbitration Board detail the obligations of clubs in the licensing procedures of foreign athletes.

9. Proposed Solutions

Digital Application Platform: Digital systems can be developed to expedite the processing of work and residence permits.
Federation-State Cooperation: A one-stop office system can be established between sports federations and state institutions.
Tax Incentives: Providing tax incentives for clubs to employ foreign athletes can help prevent informal employment practices.
Contract Standards: Creating model contract types for athletes and clubs can reduce legal disputes.

10. Conclusion

The work and residence rights of foreign athletes in Türkiye constitute a special area of regulation, both in terms of international sports relations and Turkish labor law. Work permits and residence permits are intertwined with legal regulations, federation directives, and the obligations of sports clubs. For Türkiye to increase its competitiveness in the international sports arena, it is crucial that these permit processes are regulated in a more transparent, faster, and more efficient manner.

Gamze Akbulut, Law Faculty Student

Law No. 6458, Law No. 6735, athlete contracts, TFF licensing rules, Turkish residence rights, work permit for foreign athletes.

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